DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Currently, the pending Claims are 2-8, 10.
The examined Claims are 2-8, 10, with Claims 2, 6, 10 being amended.
Response to Arguments
In view of the aforementioned amendments to the Claims, the previous rejections of record under 35 USC 112(b) are withdrawn.
Applicant has mainly (1) amended Claim 2 to require that the method is for preparing a high-nickel ternary core-shell precursor, wherein a chemical structural formula of the precursor is in accordance with the instantly claimed limitations, (2) amended Claim 10 to be in independent form and to require that the method is for preparing a positive electrode material wherein a structural formula of the positive electrode material is in accordance with the instantly claimed limitations, and (3) cancelled Claims 1 and 9.
Applicant argues that the pending Claims are in condition for allowance because the previous rejections of record under 35 USC 102 and 103 are moot since Claims 1 and 9 are cancelled (Pages 6-7 of Remarks).
Applicant’s arguments are persuasive with respect to Claims 2-8. However, and as necessitated by Applicant’s amendments to the Claims, Claim 10 is rejected for the reasons set forth below (but would otherwise be allowable based on the interpretation set forth below in the 35 USC 112(b) rejections as necessitated by Applicant’s amendments to Claim 10).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the core-shell precursor" There is insufficient antecedent basis for this limitation in the claim. Given that (1) Claim 10 was previously dependent, ultimately, upon now cancelled Claim 1 (whose subject matter has been incorporated into Claim 2), (2) the “core-shell precursor” of Claim 10 was previously in reference to the precursor of now cancelled Claim 1, and (3) Claim 2 initially recites “a” core-shell precursor and defines the “M1” and “M2” of Claim 10, “the core-shell precursor” of Claim 10 will be interpreted, for purposes of examination, as being in reference to the high-nickel ternary core-shell precursor prepared by the method of Claim 2. Proper clarification is required.
Claim 10 recites that the structural formula of the claimed positive electrode material includes the terms “M1” and “M2” but Claim 10 does not provide definitions for either of “M1” and “M2.” Accordingly, Claim 10 is rendered particularly indefinite insofar as the elemental structure of the claimed positive electrode material is unknown because both “M1” and “M2” are unknown.
Claim 10 recites that “a molar ratio of the lithium source to the core-shell precursor is (1-1.2):1.” However, Claim 10 is rendered particularly indefinite insofar as it is unclear how the instantly claimed molar ratio is quantified when it is unclear what structurally constitutes the claimed core-shell precursor.
Allowable Subject Matter
Claims 2-8 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 (where Claims 3-8 each depend, ultimately, on Claim 2) recites a specific method of preparing the high-nickel ternary core-shell precursor having a chemical structural formula as instantly claimed, wherein the method comprises the instantly claimed step (1), step (2), and step (3) processing steps.
The closest prior art references of record relevant to at least independent Claim 2 are Wu and Xu (See the 05/28/26 Non-Final Rejection which outlines, in detail, the relevant teachings of said prior art references). While Wu and Xu (as previously described) disclose a high-nickel ternary core-shell precursor having a chemical structural formula as recited in Claim 2, neither Wu nor Xu teach or suggest a method of manufacturing such a precursor that comprises the claimed step (1), step (2), and step (3)
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
In accordance with the aforementioned interpretation of Claim 10, Claim 10 recites a specific method of preparing a positive electrode material having a chemical structural formula as instantly claimed, wherein said method explicitly comprises the washing, drying, sieving, and deironing of the high-nickel ternary core-shell precursor prepared by the method of Claim 2, as well as the instantly claimed mixing and temperature maintaining/raising processing steps.
The closest prior art references of record relevant to at least independent Claim 10 are Wu and Xu (See the 05/28/26 Non-Final Rejection which outlines, in detail, the relevant teachings of said prior art references). While Wu and Xu (as previously described) disclose a high-nickel ternary core-shell precursor having a chemical structural formula as recited in Claim 2, neither of said references disclose a method of preparing a positive electrode involving the explicit processing steps (i.e. washing, drying, sieving, deironing, mixing, and temperature maintaining/raising processing steps) associated with the high-nickel ternary core-shell precursor prepared by the method of Claim 2.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W VAN OUDENAREN whose telephone number is (571)270-7595. The examiner can normally be reached 7AM-3PM EST M-F.
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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